Nurse Slipped At Hospital While Employee Was Mopping
On Feb. 6, 2003, plaintiff Susan Hanson, 37, a registered nurse, slipped and fell at Valley Regional Medical Center in Brownsville. Hanson worked at the hospital, but her employer was an agency. The incident occurred at the nurses’ station, where a housekeeping employee was mopping, as Hanson was providing emergency treatment of a patient with a low glucose level.Hanson sued the hospital for its employee’s failure to place caution signs where they could be seen.
The employee testified that he put the signs at the entrances, where they were supposed to be placed.
Hanson denied that the signs were there.
Hanson claimed a herniated disc at L5-S1, for which she underwent a microlaminectomy. She also claimed neck and back sprains and strains. She underwent chiropractic care and physical therapy, one neck injection and two back injections. Her past medical bills were $46,000. She claimed $100,000 in past lost wages and $1.2 million in future lost earning capacity, saying she could no longer do “hands-on” nursing and was limited to administrative work. She also claimed past and future pain and suffering, physical impairment and, based on surgical scarring, disfigurement.
Hanson’s husband claimed loss of consortium.
The defense noted that, earlier in the litigation, Hanson had claimed many complications from the injections and medication she received, but that she dropped those claims before trial, and that none of them were supported by her doctors.
The defense also argued that she’d had prior falls, prior similar back problems and prior chiropractic treatment. The defense denied that the herniation resulted from the fall on Feb. 6.
The defendant’s economics expert submitted that Hanson’s past wage loss because of the herniation was $55,000 and that she would have no future loss of earning capacity.
The jury found that Hanson’s negligence, not the hospital’s, caused Hanson’s fall. The jury found $146,000 in damages for Hanson ($100,000 in past medical and $46,000 in past lost wages), but because the hospital was not liable, she took nothing.
The deliberations took place over two days.